Gwinnett County Lawyer For Your Complex Premises Liability Case
When you are on someone’s commercial property in Gwinnett County, or anywhere in Georgia, it is reasonable to expect that you will not face hazards. According to Georgia law, the owner of the property has a duty of care. They must take measures to keep their property relatively safe and to warn visitors of possible dangers.
If you were hurt on someone else’s property, the business owner should be held accountable. Call our premises liability attorneys at Kenney & Medina, P.C., to hold them responsible.
Basics Of Georgia Premises Liability Laws
Georgia courts will consider:
- Owner/Business Responsibility: Did the owner or business take reasonable care to ensure their property was safe? This assessment depends on the specific details and circumstances of the situation.
- Preventive Measures: Did the owner or business take steps to address the problem and effectively warn customers about potential dangers? This includes considering whether there is a history of assaults or robberies in the area and whether signs were posted to alert people to hazards.
- Injured Person’s Contribution: Did the injured person contribute to their own injuries? This involves determining whether the injured person exercised ordinary care to avoid the hazard and assessing their level of responsibility if they contributed to the incident.
- Causation: Was the dangerous condition of the property the direct cause of the injury? It is necessary to prove that the property owner’s negligence caused or contributed to the injuries sustained.
The Purpose Of Your Visit Matters
There are three categories of property visitors: invitees, licensees and trespassers. A property owner’s responsibility varies based on the type of visitor present at the time of injury.
- Invitees: These individuals are on the property legally for business purposes, and the owner or landlord has the highest level of responsibility towards them. They must demonstrate reasonable care to ensure the premises are safe.
- Licensees: These visitors are on the property legally but not for business purposes. The duty of care is lower, as there is no requirement for the property to be inspected. However, visitors should still be warned of potential dangers, and the property owner should avoid causing them harm intentionally.
- Trespassers: If you were injured while on a property without invitation, the owner’s duty of care is very limited. Nonetheless, the owner cannot intentionally harm you and should provide warnings about any known dangers.
Premises Liability Cases Our Georgia Lawyers Handle
Premises liability cases can arise from various situations where property owners fail to maintain safe conditions. At Kenney & Medina, P.C., we handle a wide range of premises liability cases, including:
- Slip-and-fall accidents: These incidents occur when individuals slip, trip or fall due to hazardous conditions like wet floors, uneven surfaces or debris.
- Inadequate maintenance: Property owners are responsible for regular upkeep and failure to address issues like broken stairs, faulty lighting or damaged flooring can lead to injuries.
- Faulty construction: Defective designs or construction flaws can create unsafe environments, resulting in premises accidents.
- Negligent security: Property owners must provide adequate security measures, such as proper lighting, surveillance systems, and security personnel, to prevent harm from criminal activities.
Frequently Asked Questions About Georgia Premises Liability
Premises liability cases can be complex. Below are answers to common questions to help you understand your rights and next steps.
What should I do immediately after a slip-and-fall accident?
In the wake of a slip and fall, prioritize your health and safety. Seek medical attention for any injuries, even if they seem minor, to rule out hidden problems and obtain medical evidence for your case.
Document the scene by taking photos of the hazard that caused your fall and gather witness contact information if possible. Report the incident to the property owner or manager and request a written report. Finally, consult with a premises liability attorney to evaluate your case and guide you through the legal process.
How is liability determined in a premises liability case in Georgia?
Liability is determined based on the property owner’s duty of care in Georgia premises liability cases. Under Georgia law, property owners must maintain safe conditions for lawful visitors.
To establish liability, you must prove that the owner knew or should have known about the hazardous condition and failed to address it. As mentioned, visitor classification (invitee, licensee or trespasser) also plays a role in determining the level of care owed.
What types of damages can I recover in a premises liability lawsuit?
You may be entitled to recover compensation for medical expenses, lost income, pain and suffering, and other injury-related costs. In cases of severe negligence, punitive damages may also be awarded to deter similar conduct in the future.
Legal Counsel Helping You In A Premises Liability Claim
Contact our premises liability lawyers if you were hurt on someone else’s property in Georgia. These cases can be complex, and the level of proof required depends on the details of your case. Call our office at 770-676-3112 or email us.